Palo woman gets 5 years for hit man scheme

IONIA COUNTY — A Palo woman will spend five years to 15 years in prison for attempting to hire a hit man to end a custody dispute.

Kristina Johnston, 29, was sentenced Tuesday in Ionia County 8th Circuit Court by Judge Suzanne Hoseth Kreeger. She will receive credit for 334 days already served in the Ionia County Jail.

Johnston had accepted an offer by the Ionia County Prosecutor's office to plead guilty but mentally ill to one count of homicide — solicitation of murder, a felony with a penalty of up to life in prison. Her tentative scoring determining her sentence was 51 months to 85 months.

Johnston was arrested Nov. 4, 2016 by the Ionia County Sheriff's Office after detectives working with the FBI Violent Crimes Task Force and the Michigan State Police set up and monitored contacts between her and an undercover police officer posing as a hit man for hire between Oct. 1, 2016 and the date of her arrest.

Butler noted that the "target" of her solicitation was present in the courtroom for Johnston’s sentencing but he did not wish to make a statement.

"$5,000 is what Ms. Johnston was willing to pay someone she thought was a hit man to have the father of her children killed to put her in a better light with the Friend of the Court," said Butler. "Thankfully it was an undercover police officer and thankfully people around her saw signs and cues and were willing to say something about what they saw and heard. It could have been a legitimate hit man. (The target) could have been in the hole (Johnston) or someone started to dig in the backyard."

Johnston had no criminal record except for one misdemeanor conviction five years ago for retail fraud, Butler said, and he recognized the defendant's mental health concerns, both of which supported his plea offer.

"Hopefully during (her sentence) she can get treatment," he added.

Johnston's attorney, Terese Paletta, noted that Johnston's family also was present in the courtroom. Paletta told the court that at the time of the offense her client "was in the throes of mental illness ... (and) she was taken advantage of by certain individuals because of her mental illness." She added that Johnston is now on medication and has been cooperative, and asked the court to consider sentencing her client to 51 months — the minimum of the sentencing guidelines.

"I'm truly sorry for what I did," Johnston said. "I hope when I go (to prison) it will help

Kreeger told Johnston that, considering the gravity of the situation, the five- to 15-year sentence was warranted, and that the court would ask for mental health treatment and continued medication for Johnston while she was incarcerated.

Influencing the court's decision was "the fact that you had a hole dug in the backyard, that there were multiple communications with this individual (whom Johnston thought was a hit man)."

"Thankfully individuals around you stepped up and made sure the authorities were alerted," said Kreeger. "The court appreciates that you are motivated to do your time and get out and be a contributing member of society."

Also on Tuesday in Circuit Court, Judge Suzanne Hoseth Kreeger denied a motion filed by attorney Joseph Brugnoli on behalf of his client, Kerry Mahoney, 55, of Saranac, to amend the terms of Mahoney’s bond to allow him to leave the state.

Brugnoli told the court his client owns a home in Florida and wants to travel there to deal with damages to his property following the hurricane.

Mahoney is charged with two counts of using computers to commit a crime, two counts of distributing or promoting child sexually abusive activity, and six counts of possession of child sexually abusive material. The alleged incidents took place in August 2017 in the village of Saranac, according to court documents.

Ionia County Prosecutor Kyle Butler told Judge Suzanne Hoseth Kreeger that he was concerned about Mahoney leaving the state because of the nature of the charges but also for the defendant’s safety. Butler said a suicide note was found in Mahoney’s bedroom and that he had had a previous drunk driving conviction. Butler added that tentative scoring put his sentencing guidelines at 51 to 85 months in prison.

In denying the request, Kreeger told Mahoney that she too was concerned about his leaving the state given the nature of the crimes, the sentencing guidelines and the suicide note. She suggested that, “in this day of technology,” there are ways he could accomplish the work he wants to do on his Florida property from Michigan.

Sirena Lyttaker, 49, of Flint, entered a not guilty plea at her arraignment Tuesday in Circuit Court to three charges against her.

The charges arose from an incident Sept. 4 on Sunfield Highway in Orange Township. Body type J: She also is being charged an an habitual offender with a fourth offense notice, due to three previous felony convictions for possession of controlled substance (cocaine, heroin or other narcotic) less than 25 grams in 2003 in the 54th Circuit Court for Caro; malicious destruction of fire/police property enhanced to felony malicious destruction fire/property in 2010 in the 54th Circuit Court for Caro; and police officer — assaulting/resisting/obstructing in 2010 in the 54th Circuit Court for Caro.

Ionia County Prosecutor Kyle Butler told the court his office had offered Lyttaker a plea agreement. In exchange for her guilty plea to the three charges, he would drop the habitual offender — fourth offense notice to a second offense notice, and she would serve 13 months. Her sentencing guidelines under the second offense notice would be two months to 21 months.

Lyttaker’s attorney, Terese Paletta, asked the court to set the matter on for trial.

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